Pacific Southwest, Region 9
Serving: Arizona, California, Hawaii, Nevada, Pacific Islands, Tribal Nations
Notice of Proposed Settlement of Clean Water Act Administrative Penalty and Opportunity to Comment in the Matter of Sav-On Plating, Inc., Reissued
Publication Date: December 14, 2012
Public Comment Closes: January 13, 2012
In the Matter of Sav-On Plating, Docket No. CWA-09-2013-0001
The United States Environmental Protection Agency, Region IX (“EPA”), is authorized under Section 309(g) of the Clean Water Act (CWA), 33 U.S.C. § 1319(g), to assess civil penalties after providing the persons subject to the penalty notice of the proposed penalty and an opportunity for a hearing, and after providing interested persons public notice of the proposed penalty and a reasonable opportunity to comment on its issuance.
Under Section 309(g)(2)(B), and the Debt Collection Improvement Act of 1996, 31 U.S.C. §3701, any person who, without authorization, discharges a pollutant to a navigable water, as those terms are defined in Section 502 of the Act, 33 U.S.C. § 1362, may be administratively assessed a civil penalty of up to $177,500 for a Class II penalty by EPA.
Class II proceedings for Section 309(g) of the CWA are conducted in accordance with the “Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties and the Revocation /Termination or Suspension of Permits,” 40 C.F.R. Part 22, 64 Fed. Reg. 40176 (July 23, 1999).
Sav-On Plating, Inc. (“Sav-On”) agrees to the issuance of this Consent Agreement and proposed Final Order (“settlement”). In accordance with Section 309(g)(4)(A) of the Clean Water Act, 33 U.S.C. § 309(g)(4)(A), and 40 C.F.R. § 22.45(b), EPA is hereby providing public notice of, and opportunity to comment on, this proposed settlement in the following matter:
In the Matter of Sav-On Plating Inc.
Docket No. CWA-09-2013-0001
John Kemmerer, Acting Director, Water Division,
U.S. EPA, Region IX
75 Hawthorne Street, San Francisco, CA 94105
Sav-On Plating, Inc., 15523 Illinois Avenue, Paramount, California 90723
Description of Business or Activity Conducted by the Respondents: Metal plating.
Alleged Violations: In the Consent Agreement, EPA alleges that Respondents discharged wastewater which exceeded the standards for cyanide in violation of 40 C.F.R. § 413.44.
Proposed Order and Administrative Penalty: $15,000
Name, Mailing Address, and Telephone Number of Regional Hearing Clerk
Instructions for Submitting Comments
Please provide the following information along with your comments and submit them in accordance with Part 22: Your full name, mailing address, telephone number, email address, the Docket Number (CWA-09-2013-0001), and a concise statement of the basis for and relevant facts supporting any comment for the case to which you are commenting.
Persons wishing to comment on this case, including comments on the amount or basis of the proposed penalty, are invited to submit a statement to the EPA Regional Administrator, attention of the Regional Hearing Clerk (address above), within 30 days of the date of this public notice.
All comments received within this 30-day period will be considered prior to the issuance of the final order. See 40 C.F.R. § 22.45(b). If the 30th day of the comment period falls on a Saturday, Sunday or federal holiday, the deadline shall be extended to the next business day. See 40 C.F.R. § 22.7(a).
For More Information
Persons wishing to receive a copy of the Consolidated Rules, review the documents filed by the parties in this proceeding, comment upon the proposed order and penalty assessment, or participate in any hearing that may be held, may contact the Regional Hearing Clerk identified above. Please note that the federal regulations are available online at www.gpoaccess.gov/cfr. Unless otherwise noted, the public record for the proceeding is located at the office of the Regional Hearing Clerk (address above) and the file will be open for public inspection during normal business hours.